The past performance of the parties under a continuing contract is irrelevant in determining what the contract means.

Question

Quizplus · Accepted Answer

The past performance of the parties can be taken into consideration in determining what the contract means, especially if there are recurring issues that the parties have dealt with in the past. However, it is not the only factor to be considered and should be evaluated in conjunction with other relevant evidence.

The Past Performance of the Parties Under a Continuing Contract